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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-4226

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JUWANA ANQUANETTE BATES, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. William L. Osteen, District Judge. (2:89-cr-00251-WLO-6) Submitted: November 22, 2006 Decided: February 5, 2007 Before NIEMEYER and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Thomas H. Johnson, Jr., GRAY, JOHNSON, BLACKMON, LEE & LAWSON, LLP, Greensboro, North Carolina, for Appellant. Anna Mills Wagoner, United States Attorney, Michael F. Joseph, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit.- 2 - PER CURIAM: Juwana Anquanette Bates appeals the reimposition of supervised release following the revocation of her supervised release and imprisonment for twenty-two months. Bates argues that the district court’s reimposition of supervised release under 18 U.S.C. § 3583(h) (2000) violates the Ex Post Facto Clause because the addition of subsection (h) occurred in 1994 and did not apply retroactively to her 1989 offense. As Bates raises this issue for the first time on appeal, review is for plain error. See United States v. White , 405 F.3d 208, 215 (4th Cir.), cert. denied , 126 S. Ct. 668 (2005). To establish plain error, Bates must show that an error occurred, that the error was plain, and that the error affected her substantial rights. Id. Bates’ assertion that the district court relied on § 3583(h) in reimposing a term of supervised release is not supported by the materials included in the joint appendix. Though the district court did not identify the statutory authority relied upon in imposing its sentence, it is clear that the court need not have relied on § 3583(h) in reimposing a term of supervised release because 18 U.S.C. § 3583(e)(3) (1988), which was in effect at the time Bates committed her initial offense, provided for the reimposition of supervised release following revocation and reimprisonment. See Johnson v. United States , 529 U.S. 694, 713- 3 - (2000). Therefore, we conclude the district court did not err in reimposing a term of supervised release. Accordingly, we affirm Bates’ sentence. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 19-0287

CITY OF COLUMBIA FALLS,

Plaintiff and Appellee, 

v. 

LLOYD HART,

Defendant and Appellant.

ORDER

Upon consideration of Appellant’s motion for extension of time, 

and good cause appearing,

IT IS HEREBY ORDERED that Appellant is granted an extension 

of time to and including April 15, 2020, within which to prepare, file, 

and serve Appellant’s opening brief on appeal.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

March 9 2020

03/09/2020

Case Number: DA 19-0287
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 300 Introduced in House (IH)]

114th CONGRESS
  1st Session
H. RES. 300

             On the passing of Joseph Robinette Biden, III.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 4, 2015

 Mr. Carney submitted the following resolution; which was referred to 
            the Committee on Oversight and Government Reform

_______________________________________________________________________

                               RESOLUTION

 
             On the passing of Joseph Robinette Biden, III.

Whereas Joseph Robinette ``Beau'' Biden, III, born in Wilmington, Delaware and a 
        graduate of the University of Pennsylvania and Syracuse University law 
        school, served our country as an attorney in the Department of Justice 
        for seven years, including assisting the nation of Kosovo in rebuilding 
        their criminal justice system;
Whereas Beau Biden served his beloved State of Delaware for eight years as 
        Attorney General;
Whereas Beau Biden joined the Army in 2003 at the age of 34, rose to the rank of 
        major in the Delaware Army National Guard's Judge Advocate General 
        Corps, deployed to Iraq in 2008 and received the Bronze Star for his 
        service;
Whereas Beau Biden leaves behind a beloved wife, Hallie, and two children, 
        Natalie and Hunter; and
Whereas Beau Biden was the eldest son of the former Senator from Delaware and 
        current Vice President of the United States and President of the United 
        States Senate, Joseph Robinette Biden, Jr.: Now, therefore, be it
    Resolved, That the House of Representatives has heard with profound 
sorrow and deep regret the announcement of the untimely death of Joseph 
Robinette Biden, III.
    Resolved, That the Clerk of the House of Representatives 
communicate this resolution to the Senate and transmit a copy thereof 
to the family of the Vice President of the United States.
                                 <all>
```
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOSE LUIS GARCIA,

Plaintiff

- Appellant,

v.

KYEONG PARK,

Defendant

- Appellee. No. 22

- 16840

D.C. No. 3:21

- cv

- 09048

- JD

MEMORANDUM *

Appeal from the United States District Court

for the Northern District of California

James Donato, District Judge, Presiding

Submitted December 12, 2023 * *

Before: WALLACE, LEE, and BUMATAY, Circuit Judges

California state prisoner Jose Luis Garcia appeals pro se from the district

court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate

indifference to his serious medical needs . We have jurisdiction under 28 U.S.C.

§ 1291. We review de novo. Toguchi v. Chung , 391 F.3d 1051, 1056 (9th Cir.

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

DEC 15 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 22

- 16840

2004). We affirm.

The district court properly granted summary judgment because Garcia failed

to raise a genuine dispute of material fact as to whether defendant was deliberately

indifferent in treating Garcia’s foot issues

. See id. at 1057

- 60 ( prison officials act

with deliberate indifference only if they know of and disregard a risk to the

prisoner ’ s health; medical malpractice, negligence, or difference of opinion

concerning the course of treatment does not amount to deliberate indifference)

.

AFFIRMED.
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

CFS

- 4 II, LLC, A DELAWARE LLC AND

ASSIGNEE OF FIRST NATIONAL BANK OF PENNSYLVANIA,

Respondent

v.

PHOENIX ESTATES, A PENNSYLVANIA GENERAL PARTNERSHIP,

Petitioner :

:

:

:

:

:

:

:

:

:

:

:

:

: No. 873 MAL 2016

Petition for Allowance of Appeal from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 5th day of April, 2017

, the Petition for Allowance of Appeal is

DENIED

.
23312

#### State v. Cinense

Affirmed
EXHIBIT 32.a



CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350
AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Boston Capital Tax Credit Fund III L.P. (the "Fund") on Form 10-Q for the period ended June 30, 2005 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, John P. Manning, Principal Executive Officer of the general partner of the general partner of the Partnership's general partner, C&M Management Inc., certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge, after due inquiry:



|(1) | The Report fully complies with the requirements of section 13(a)-15 or 15(d)-15 of the Securities and Exchange Act of 1934; and                        
|--- | -------------------------------------------------------------------------------------------------------------------------------------------------------
|    |                                                                                                                                                        
|(2) | The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Partnership.



|Date:           |  |                            
|--------------- |  | ---------------------------
|August 22, 2005 |  | /s/ John P. Manning        
|                |  |                            
|                |  | John P. Manning            
|                |  | Principal Executive Officer



A signed original of this written statement required by Section 906, or other

document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to the Fund and will be retained by the Fund and furnished to the Securities and Exchange Commission or its staff upon request.
#### State v. Lachel

17464

4/12/96

Affirmed
Exhibit 3.17

                            CERTIFICATE OF AMENDMENT

                                     OF THE

                AMENDED AND RESTATED CERTIFICATE OF INCORPORATION

                                       OF

                                  EPIGEN, INC.

                          IT IS HEREBY CERTIFIED THAT:


1.       The name of the corporation is Epigen, Inc. (the "Corporation").

2.       The Amended and Restated Certificate of Incorporation
(the "Certificate of Incorporation") is hereby amended by amending the first
sentence of Section 3 under the description of the Series B Preferred Stock,
entitled "Mandatory Redemption," under Article IV of the Certificate of
Incorporation to read as follows:

"The shares of Series B Preferred Stock shall be redeemed by the Corporation
not later than December 31, 2002 (the "Mandatory Redemption Date") at a price
per share of $10.00; provided, however, that the Corporation shall have the
right at any time prior to the Mandatory Redemption Date to repurchase all or
any portion of the then outstanding shares of Series B Preferred Stock, pro
rata, from the holders thereof providing it has funds legally available
therefore."

3.       Said  amendment  herein  certified  was duly adopted in  accordance
with the  provisions  of Sections 228 and 242 of the General Corporation
Law of the State of Delaware.

IN WITNESS  WHEREOF,  said  Corporation  has caused  this  certificate  to be
signed by Donald C. Fresne, its President and Chief Executive Officer as
of this 29th day of March, 2002.

                                                    EPIGEN, INC.



                                                    By:  /s/Donald C.  Fresne
                                                        ---------------------
                                                            Donald C. Fresne
                                                            President & Chief
                                                            Executive Officer
Exhibit 32.1



CERTIFICATION OF CHIEF EXECUTIVE OFFICER

PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



I, Joel P. Moskowitz, Chief Executive Officer of Ceradyne, Inc. (the Company),
certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:



| | (1) | the Companys annual report on Form 10-K for the year ended December 31, 2003, as amended by Amendment No. 1 to the Companys annual report on Form 10-K for the year ended
December 31, 2003 (as amended, the Report), fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 780(d)); and
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (2) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                       
|-----------------------
|Dated: February 3, 2005
|                       
|/s/ JOEL P. MOSKOWITZ  
|Joel P. Moskowitz      
|Chief Executive Officer
#### Schenectady Tile Co., Inc., Plaintiff, *v.*Ralph Barone, Defendant.

County Court, Schenectady Comity,

July 6, 1959.

*Vorton B. Boghosian*for defendant.

*George E. Severson*for plaintiff.

Archibald C. Wemple, J.

It appears that a default judgment for $2,521.37, was taken in Schenectady County Court on July 29, 1955, approximately four years ago. The defendant then and during all proceedings here and in Bankruptcy Court, has been represented by competent counsel at all times. In fact it appears from the moving papers that the defendant has been represented by several different counsel during successive periods prior to and subsequent to the time judgment was taken. Following the judgment an involuntary bankruptcy proceeding *1008was instituted against this defendant by several creditors. This proceeding is still pending.

The defendant has failed to give a satisfactory explanation for the long delay in making the application herein. Neither has this defendant attached to his moving papers a proposed answer to the claim under which the judgment herein was granted. In fact, no meritorious defense to the claim has been indicated, nor has there been shown any mistake, surprise, inadvertence or excusable neglect on the part of the defendant or any of his several attorneys.

The defendant’s contention that the opening of the judgment herein would permit the vacating or discontinuance of the involuntary bankruptcy proceeding is without merit. Bankruptcies are predicated upon creditors’ claims, not judgments as such. If indeed this defendant has any claim against one Alexander Grasso, as alleged in the defendant’s affidavit, such claim appears to belong to the defendant’s trustee in bankruptcy, and/or the defendant herein, as their interests may appear. Frankly, it is beyond the understanding of this court how any claim against Grasso, a third party, has any bearing upon any alleged defense of the defendant to the claim of the plaintiff herein.

The defendant herein has had ample time and opportunity to move to open the default judgment entered herein. In fact the defendant was once given an opportunity by this court to open this default and have his ‘ ‘ day in court ’ ’, but defendant neglected to take advantage of this order. There has been no satisfactory explanation for the long delay or for defendant’s failure to proceed to open the default herein and try the case on the merits, under the terms as provided in the decision of this court on January 31,1956.

The court herein points out that section 108 of the Civil Practice Act designates a limit of one year after notice of judgment for a person to apply to be relieved from a judgment taken against him, through his mistake, inadvertence, surprise or excusable neglect.

Since the application was not made within one year, nor any showing of any of the four grounds above specified, nor is any fraud apparent, nor any valid reason stated for the long delay, nor any meritorious defense or proposed answer submitted, the application herein is denied.

Enter order accordingly.
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21

- 1390

CARLA T. LEWIS , Plaintiff

- Appellant ,

v. MICHELLE DAVIS, Insurance Agent/CISR Elite; RIVERLAND INSURERS, Insurance Company; CROXTON, ELLIOTT AND DAINGERFIELD, INC., trading as Riverland Insurers; ROY SMITH, AIC

- VPIA; VIRGINIA PROPERTY INSURANCE ASSOCIATION INC. , Defendants

- Appellees

.
Appeal from the United States District Court for the Eastern District of Virginia , at Richmond

. David J. N ovak , District Judge. ( 3:20

- cv - 00591

- DJN )

Submitted : June 2 9, 2021 Decided: July 1, 2021

Before HARRIS, RICHARDSON, and RUSHING , Circuit Judges.

Dismissed by un published per curiam opinion

.

Carla T. Lewis , Appellant Pro Se. Tracy Taylor Hague , Richmond, Virginia , Michael David Pierce , VANDEVENTER BLACK, LLP , Norfolk, Virginia; Gary Robert Reinhardt , KALBAUGH, PFUND & MESSERSMITH, PC , Richmond, Virginia, for Appellees

.
Unpublished opinions are not bindin g precedent in this circuit.2 PER CURIAM: Carla T. Lewis seeks to appeal the district court’s order granting Defendants’
motion s to dismiss Lewis’ complaint alleging Defendants failed to properly address water damage and mold in Lewis’ home . We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed. In civil cases, parties have 30 days after the entry of the district court’s final judgment or order to note an appeal, Fed. R. App. P. 4(a)(1)(A), unless the district court extends the appeal period under Fed. R. App. P. 4(a)(5) or reopens the appeal period under Fed. R. App. P. 4(a)(6). “[T]he timely filing of a notice of appeal in a civil case is a jurisdictional requirement.” Bowles v. Russell , 551 U.S. 205, 214 ( 2007).
The district court entered its order on February 2, 2021 . Lewis filed the notice of appeal on March 22, 2021. See Fed. R. App. P. 4(d) ( providing notice of appeal mistakenly filed in court of appeals is considered filed in district court on dat e so noted). Because Lewis failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we grant Appellees’ motions to dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
DISMISSED
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
     This schedule  contains summary  financial  information  extracted from the
financial  statements for the quarterly  period ending September 30, 1997 and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                           3,600
<SECURITIES>                                         0
<RECEIVABLES>                                   13,065
<ALLOWANCES>                                      (350)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                18,9021
<PP&E>                                           2,059
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  33,737
<CURRENT-LIABILITIES>                           17,587
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            13
<OTHER-SE>                                       8,484
<TOTAL-LIABILITY-AND-EQUITY>                    33,737
<SALES>                                         19,931
<TOTAL-REVENUES>                                19,931
<CGS>                                            7,046
<TOTAL-COSTS>                                   32,455     
<OTHER-EXPENSES>                                  (813)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,288    
<INCOME-PRETAX>                                (12,999)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (12,999)      
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (8,219)     
<EPS-PRIMARY>                                    (0.12)
<EPS-DILUTED>                                        0
        

</TABLE>
Exhibit 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO RULE 13a-14(b) OR RULE 15d-14(b)

OF THE SECURITIES EXCHANGE ACT OF 1934

AND 18 U.S.C. SECTION 1350

I, Paul C. McDonnel, Chief Financial Officer of Arrowhead Research
Corporation (the Company), certify, pursuant to Rule 13(a)-14(b) or Rule 15(d)-14(b) of the Securities Exchange Act of 1934 and 18 U.S.C. Section 1350, that (i) the Quarterly Report on Form 10-Q of the Company for the quarterly
period ended December 31, 2008 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and (ii) the information contained in such Quarterly Report on Form 10-Q fairly presents in all
material respects the financial condition and results of operations of the Company.

Date: February 9, 2009



/S/    PAUL C.
MCDONNELPaul C. McDonnelChief Financial Officer(Principal Financial and Accounting Officer)


A signed original of these written statements required by 18 U.S.C. Section 1350 has
been provided to Arrowhead Research Corporation and will be retained by Arrowhead Research Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
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